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FACTFILE
Page 39
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What is a contract?
A contract of employment is an agreement entered into by an employer and an employee under which they have certain mutual obligations. The contract need not be in writing, unless it is a contract of apprenticeship Its terms can be written, oral, implied or a mixture of all three.
Employed or self-employed?
Whether someone is an employee working under a contract of employment or a selfemployed person working under a contract to provide services depends upon the true nature of the agreement which has been entered into by the parties. The self-employed will negotiate terms between themselves and the contractor. Union members can seek help in drafting the terms from their union. The RHA and the FTA can also help. Rather than a contract of employment this relationship this is normally a contract for a specific job. The contract could state how long it will run, rates of pay and the notice period of cancellation. There is no limit to the number of such contracts with different employers an owner-driver might have.
Written statement of employment particulars
All employees are entitled by law to be given, within two months of the date the employment starts, a written statement setting out the main particulars. This statement will not necessarily cover every aspect of the contract, but will constitute important evidence of the principal terms and conditions.
USEFUL WEBSITES www.dli.gov.uk www.backhousejones.co.uk www.barkergotelee.co.uk www.acas.org.uk www.inlandrevenue.co.uk
RHA: 01733 261131 FTA: 01892 526171